Practice Areas

Exports of Chemical Used in Paints, Soaps, Adhesives Must Now be Notified to EPA

Friday, April 04, 2014

Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a final rule providing that, effective April 4, any person who exports or intends to export octamethylcyclotetrasiloxane (D4) is subject to the export notification requirements under the Toxic Substances Control Act.

D4 is used as an intermediate for silicone copolymers and other chemicals; in industrial processing applications as a solvent, finishing agent, and adhesive and sealant chemical; for both consumer and commercial purposes in paints and coatings and plastic and rubber products; and in polishes, sanitation, soaps and detergents. D4 persists in sediment and bioaccumulates in aquatic species, and data show it to be toxic to aquatic and sediment-dwelling species.

This final rule reflects the EPA’s issuance of a testing consent order that incorporates an enforceable consent agreement with five companies that have agreed to certain environmental testing that will be used by the EPA to characterize sources and pathways of release of D4 into the environment and the resulting exposures of aquatic and sediment-dwelling organisms to D4. The test data to be developed under the ECA are intended to be released to the public and could also be used by other federal agencies (e.g., the Consumer Product Safety Commission and the Food and Drug Administration) in assessing chemical risks and taking appropriate actions within their programs.